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(영문) 서울서부지방법원 2018.02.01 2017노1365

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental disorder was under the influence of alcohol at the time of committing the instant crime.

B. The sentence of the lower court’s unfair sentencing (one year of suspended sentence in April) is too unreasonable.

2. Determination

A. In full view of the details of the instant crime committed by the evidence duly adopted and examined by the lower court, and various circumstances, such as the Defendant’s speech and behavior before and after the commission of the crime, even though the Defendant was under the influence of alcohol at the time of the crime, such circumstance was insufficient to distinguish things or make decisions.

As it is not recognized, the defendant's mental disorder argument is without merit.

B. We examine the determination of the unfair argument of sentencing, and it is recognized that the defendant led to confession and reflects the crime of this case, and that there is no other criminal punishment after entering the Republic of Korea.

However, in full view of the following facts: (a) the Defendant assaulted the Victim C, which is a student of one’s child for a minor reason; and (b) the obstruction of the execution of official duties that circumvents the exercise of legitimate public authority by itself is a serious crime; (c) not only is the Defendant’s face of a police officer who executes official duties, but also is not easy to interfere with the performance of official duties; (d) it is not agreed with the victim C; and (e) there is no change of circumstances that may be considered favorably to the Defendant; and (e) there is no change of circumstances that may be considered favorable to the Defendant during the trial; and (e) the Defendant’s age, sexual behavior, environment, and circumstance and consequence of the instant crime; and (e) all the conditions of all the sentencing specified in the arguments, such as the circumstances after the crime, it is not recognized that the

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.